A Liberty mother is the first person to be indicted in DeKalb County under a new law, which took effect last summer that allows the state to seek criminal charges against a woman who uses illegal drugs while pregnant.
The DeKalb County Grand Jury on Monday indicted 27 year old Lindsey Paulette Davenport of Woodbury Highway, Liberty on one count of assault on a viable fetus.
She will be arraigned in criminal court on August 10.
Sheriff Patrick Ray told WJLE that on January 21, Davenport gave birth to a baby boy whose urine tested positive for opiates. Blood drawn from the umbilical cord tested positive for Suboxone, Methodone, and Morphine.
WJLE obtained a copy of the indictment which states that “Davenport, between the 1st day of March, 2014 and the 21st day of January, 2015 intentionally, knowingly, or recklessly did cause bodily injury to a viable fetus, by illegally using a narcotic drug while pregnant, and the child was born addicted to and/or harmed by the narcotic drug and the addition and/or harm was a result of her illegal use of a narcotic drug taken while pregnant, constituting the offense of assault on a viable fetus.”
Faced with a growing number of babies born addicted to drugs in Tennessee, state legislators enacted the new law, sponsored by Representative Terri Lynn Weaver, with the intention of reducing the problem.
Signed by Governor Bill Haslam, the law became effective July 1,2014. It allows prosecutors to pursue criminal assault charges and potential jail terms if women bear children who are addicted or suffer other injuries because of the mom’s drug use. The Governor said at the time that the new law had been carefully considered and is intended to encourage law enforcement officers and prosecutors to push pregnant women with substance abuse issues toward treatment.
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